Acórdão nº 9140103 de Supremo Tribunal Administrativo (Portugal), 23 de Novembro de 1998 (caso None)
Magistrado Responsável | AZEVEDO RAMOS. |
Data da Resolução | 23 de Novembro de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Indicações Eventuais: O PROCESSO RECORRIDO É DA QUARTA SECÇÃO.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART561 ART805 N2 A ART810 N1 ART811 N2. DL 344/78 DE 1978/11/11 ART7 N2 NA REDACÇÃO DO DL 83/86 DE 1986/05/06 ART2.
Sumário: I - Desde que se constitui, o crédito de juros não fica necessariamente dependente do crédito principal ( o de capital ), podendo qualquer deles ser cedido ou extinguir-se sem o outro. II - Se quando foi pago o crédito de capital, o crédito de juros já se encontrava constituído, é admissível que aquele se extinga pelo pagamento e se mantenha o crédito de juros. III - Se a obrigação de reembolso do capital e de pagamento dos juros, têm prazo certo de cumprimento, a sua exigibilidade não está sujeita a prévia interpelação, judicial ou extrajudicial, pois há mora do devedor independentemente de interpelação. IV - A cláusula penal por virtude da mora não pode exceder o correspondente a quatro pontos percentuais acima das taxas de juro compensatórias referidas no n.1 do artigo 7 do Decreto-Lei 344/78, de 11 de Novembro, na redacção dada pelo artigo 2 do...
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